473.053. Testimony of subscribing witnesses, other evidence. - Missouri Statutes

Testimony of subscribing witnesses, other evidence.

473.053. 1. At least two of the subscribing witnesses to awritten will shall be examined if they are alive and competent totestify and otherwise available. Before any will is probatedeach of at least two witnesses thereto shall testify to factsshowing that the will was executed in accordance with section474.320, RSMo. This section does not alter the rules of evidenceas to the establishment of a will by probate in solemn form oraffect the probate of a self-proved will.

2. If either or both of the subscribing witnesses to thewill are dead, physically or mentally incapable of testifying, ortheir whereabouts unknown, then due execution of the will bytestator and its attestation by subscribing witnesses shall beproved by the available subscribing witness, if any, and proof ofthe handwriting of any dead or mentally incapacitated subscribingwitness or subscribing witness whose whereabouts is unknown, orby such other competent evidence as is available.

(L. 1955 p. 385 § 43, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1983 S.B. 44 & 45)